Bombay High CourtABA/438/2020allowed

Mohd Yakub Mohd Yusuf v. State Of Mah. Thr. Ps Rahimapur Amravati

2020-05-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 LDVCABA94.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR LD - VC - ABA NO. 94/2020 Mohd Yakub Mohd Yusuf ..VS..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 15/05/2020 Heard Shri M.N. Ali, Advocate for the applicant and Shri M.K. Pathan, learned APP for the non-applicant - State.

By this application under Section 438 of the Code of Criminal Procedure, the applicant seeks pre-arrest bail apprehending arrest in connection with Crime No. 21/2020 registered with the non-applicant - Police Station for the offences punishable under Sections 307, 353, 379, 279 read with Section 34 of the Indian Penal Code and Section 3 of the Prevention of Damage To Public Property Act.

According to the FIR, seven accused (including the applicant) tried to overrun the tractor over the person of the complainant. The applicant, aged about 32 years, claims to be a farmer. The applicant has stated in para no. 1 of the application that there are no criminal antecedents against him.

ANSARI

2 LDVCABA94.2020 Considering the facts of the case, nature of accusations against the applicant and the present situation, I am of the view that the applicant is entitled for protection. Hence, the following order:- (a) In the event of arrest in connection with Crime No. 21/2020 registered with the non-applicant - Police Station against the applicant, he be released on bail on executing P.R. Bond for Rs. Twenty Thousand and on furnishing cash security of Rs. Ten Thousand. (b) The applicant shall attend the non-applicant Police Station on every Wednesday between 10:00 am and 2:00 pm till filing of the charge-sheet.

(c) The applicant will not be required to attend the Police Station if the Investigating Agency informs him in writing that he is not required to do so.

The criminal application is allowed in the above terms.

JUDGE ANSARI